Part II.
General provision as to costs and expenses. 41.—(1) Except as provided by sections 39 and 40 of this Act, no costs shall be allowed on the hearing or determination of an appeal to the House of Lords or of any proceedings preliminary or incidental to such an appeal.
(2) Any amount ordered to be paid under section 39 or 40 above shall, except where it is a specific amount ordered to be paid towards the defendant's expenses as a whole or, as the case may be, towards the costs of his application as a whole, be ascertained as soon as practicable—
- (a) where the order is made by the Court of Appeal, by the registrar; and
- (b) where it is made by the House of Lords, by such officer or officers, and in such manner, as may be prescribed by order of the House.
Supplementary
Restitution of property. 42.—(1) Where the operation of an order for the restitution of property made on conviction on indictment is suspended until the determination of an appeal under Part I of this Act to the Court of Appeal, then, if the conviction is not quashed on that appeal, the operation of the order shall continue to be suspended—
- (a) in any case, until the expiration of the time within which an application for leave to appeal to the House of Lords may be made (disregarding any extension of time which may be granted under section 34 of this Act);
- (b) if any such application is made within that time, so long as the appeal to the House of Lords is pending.
(2) Where the operation of any such order is suspended under this section,—
- (a) the order shall not take effect if the conviction is quashed on appeal to the House of Lords;
- (b) such steps shall be taken for the safe custody of the property in question during the period during which the operation of the order is suspended as may be prescribed by rules of court.
(3) Where by reason of the quashing by the Court of Appeal of a person’s conviction any such order does not take effect, and on an appeal to the House of Lords the conviction is restored by that House, the House may make any order for the restitution of property which could be made on his conviction by the court which convicted him.
